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CHESAPEAKE & O. RY. CO. v. THOMASON

No. 6369.

70 F.2d 860 (1934)

CHESAPEAKE & O. RY. CO. v. THOMASON.

Circuit Court of Appeals, Sixth Circuit.

May 11, 1934.

Attorney(s) appearing for the Case

J. R. Bush, of Lexington, Ky. (W. B. White, of Mt. Sterling, Ky., and Hunt & Bush, of Lexington, Ky., on the brief), for appellant.

Robert H. Winn, of Mt. Sterling, Ky. (R. G. Kern, of Mt. Sterling, Ky., and Wallace Muir, of Lexington, Ky., on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKS, Circuit Judge.

Action under section 820b-1, Kentucky Statutes,1 by Artie S. Thomason, administratrix of the estate of Andrew B. Thomason, against Chesapeake & Ohio Railway Company, a Virginia corporation, to recover damages for his death. Judgment for plaintiff. Defendant appeals.

In 1930 appellant operated a branch line railroad from Mt. Sterling to Rothwell, both in Kentucky. On November 4th, about 10 o'clock a. m...

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